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(영문) 수원지방법원 2017.02.02 2016노915
재물손괴
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The Defendant was sentenced to the lower judgment on January 22, 2016, and filed an appeal against the lower judgment on January 29, 2016, and was served with the notice of receipt of the record of trial on November 18, 2016 by the court, and did not submit a statement of reason for appeal within 20 days, which is the period for submission of a legitimate reason for appeal, even if the Defendant was served with a public notice of receipt of the record of trial on November 18, 2016. There is no reason for appeal even in the petition of appeal submitted by the Defendant, and there is no reason for ex officio

2. Judgment on the Prosecutor’s appeal - Non-crimes

A. According to the evidence, etc. submitted by the prosecutor, the court below found the defendant not guilty of this part of the charges of damage, despite the fact that the defendant extracted lighting fixtures owned C before the coffee shop operated by C at the time of the instant case, there was an error of law by misunderstanding the facts and misunderstanding the legal principles.

B. The court below reviewed the evidence legitimately adopted and investigated in light of the records, and found the defendant not guilty of this part of the facts charged on the basis of the circumstances stated by the court below is just, and there is an error of law by misunderstanding the facts alleged by the prosecutor and misunderstanding the legal principles.

Therefore, the prosecutor's above assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit. The defendant's appeal shall be dismissed in accordance with a decision under Article 361-4 (1) of the Criminal Procedure Act, or the prosecutor's appeal is also dismissed in accordance with the above decision. It is so decided as per Disposition.

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